<% IssueDate = "1/19/04" IssueCategory = "Events" %> GayToday.com - Top Story
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Bush End Run for Homophobic, Racist Judge Widely Protested

Civil Rights Organizations Dismayed Over Recess Appointment

Charles W. Pickering Opposed Gays, African-Americans & Sex

Compiled by GayToday

George W. Bush's did an end-run around the Senate and appointed conservative Judge Charles W. Pickering Sr. to the 5th Circuit Court of Appeals while the Senate was out of session Washington D.C.- George W. Bush's recess appointment last week of Judge Charles W. Pickering Sr. to the 5th Circuit Court of Appeals, has been denounced by a wide array of U.S. civil rights organizations, including The National Gay and Lesbian Task Force, the Human Rights Campaign, NARAL, the NAACP, the Leadership Conference on Civil Rights and dozens of other civil rights groups.

Bush, determined to place the bigoted Pickering on the 5th Circuit Court, ignored previous moves to install him that had failed in the U.S. Congress, appointing the judge while Congress was recessed.

As a segregationist Mississippi state legislator in an all-white legislature in the 1960s, Pickering opposed measures aimed at expanding voting rights for African Americans. More recently, as a federal district court judge, Pickering has continued to display indifference or outright hostility to issues of racial equality. He opposes reproductive choice.

As reported by the Jackson, Mississippi ^Clarion Ledger~ newspaper, Pickering equated homosexuality with other social problems in a 1984 speech before the Mississippi Southern Baptist Convention, saying that society has been degraded by such things as pornography, homosexuality and divorce, according to ^The Clarion Ledger.~

On Friday, Matt Foreman, the National Gay and Lesbian Task Force Executive Director said:

"Wednesday, in a bald attempt to win African American votes at the expense of gay Americans, the White House told the media of their plans to unveil a $1.5 billion dollar plan to promote marriage (as if the African American and gay communities are mutually exclusive communities). Yesterday, the President laid a wreath at the tomb of Dr. Martin Luther King, Jr. Today, through a recess appointment, he anointed Charles Pickering to a U.S. Court of Appeals, an individual who has spent his life opposing everything Dr. King stood and fought for. This kind of hypocrisy is both breathtaking and appalling. We stand in solidarity with the Congressional Black Caucus, the NAACP of Mississippi and national NAACP, the Leadership Conference on Civil Rights, and all fair-minded Americans in opposition to this action."

The Human Rights Campaign (HRC) notes that Pickering is one of only six judges that HRC has opposed out of approximately 200 nominated by Bush.

"Judge Pickering has advanced a body of jurisprudence that does not reflect America's highest values and the individuals within his jurisdiction deserve better," said HRC President Cheryl Jacques. "A man whose career has been marked by racial divisiveness and anti-gay prejudice cannot be trusted to fairly interpret the laws of our country."

As an organization profoundly concerned about hate violence, HRC officials say they are particularly troubled by Pickering's handling of a 1994 hate crime incident involving three men who burned an 8-foot cross on the lawn of an interracial family while using racial epithets. The family had been a frequent target of harassment in their small rural town, including having bullets fired into their home and "KKK" painted nearby on the street.

Nonetheless, when sentencing one of the defendants, Pickering gave what was considered a "lenient" sentence for the cross-burning, in order to "make the punishment commensurate with the drunken prank that I think it was, even though it did have racial overtones."

"Judge Pickering's placement in the 5th Circuit is particularly problematic, given that the 5th Circuit has the highest racial minority population of any circuit in the country," said Jacques. "We urge the President to appoint fair-minded judges who will respect the civil rights of every American."

NARAL, battling for reproductive choice, calls Bush's end run around the U.S. Congress one of "ruthless disregard for our hard-fought rights," and says that he is "stepping up his campaign to place a far-right stranglehold on the federal courts…"

"Charles Pickering," charges NARAL, is "a lifelong anti-choice extremist. He spearheaded the Republican Party platform plank calling for a constitutional amendment outlawing a woman's right to choose and has fought to criminalize abortion in all instances except to save the life -- but not the health -- of the woman.

"Forcing Pickering's controversial appointment after Senators rejected him in two separate Congresses is a slap in the face of everyone who believes that government should stay out of our personal decisions. Doing it when you think people won't be paying attention is the worst kind of political gamesmanship.

"George Bush may think he can get away with yet another holiday weekend sneak attack on a woman's right to choose. Please contact your Senator today to express your outrage and dismay.
Judge Charles W. Pickering Sr.
Brief Background:

Nominated to: Court of Appeals, 5th Circuit
Status of nomination: Defeated in committee 3/14/02; Re-nominated 1/7/03
Voted out of Committee 10/02/2003; Failed cloture vote 10/30/2003, 54 to 43
Appointed to the U.S. District Court for the Southern District of Mississippi by President George H.W. Bush, 1990.
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Related Sites
National Gay & Lesbian Task Force

Human Rights Campaign

National Association for the Advancement of Colored People